MALTA Law and Practice Contributed by: Andrew J. Zammit and Krista Hili, GVZH Advocates
A licence is not required for games that the MGA classifies as low risk. In such cases, a low-risk per- mit would be required. Such permit is only issued for a single event, expires as soon as the event is con- cluded, is non-transferable unless the MGA’s prior approval is obtained and is non-renewable. Examples of low-risk games include non-profit games in which the stake does not exceed EUR5 per player and more than 90% of the net proceeds go to a good cause With the adoption of the 2018 regulatory framework, online and land-based gaming activities are now regu- lated by the same legislation on a horizontal basis, except that applicants applying for a land-based gaming licence are required to seek and obtain an additional approval for both the gaming devices they offer to consumers and the premises from which the licensed gaming devices are operated. Land-based betting, bingo, casino, lotteries and poker are thus also permissible and regulated in the same manner as online games. (charity, sports, education, etc). 2.2 Land-Based Gambling 3. Legislative Framework 3.1 Key Legislation The key legislation that applies to the gambling sector is as follows: • the Gaming Act – Chapter 583 of the Laws of Malta; • the Gaming Malta Fund Regulations – SL 583.02; • the Gaming Licence Fees Regulations – SL 583.03; • the Gaming Definitions Regulations – SL 583.04; • the Gaming Authorisations Regulations – SL 583.05; • the Gaming Compliance and Enforcement Regula- tions – SL 583.06; • the Gaming Premises Regulations – SL 583.07; • the Gaming Player Protection Regulations – SL 583.08; • the Gaming Commercial Communications Regula- tions – SL 583.09; • the Gaming Tax Regulations – SL 583.10; • the Social Causes Fund Regulations – SL 583.11; and
• the Retention of Data (MGA) Regulations – SL 583.12. Other supporting legislation and directives that apply to the gambling sector are as follows: • the Prevention of Money Laundering Act – Chapter 373 of the Laws of Malta; • the Prevention of Money Laundering and Funding of Terrorism Regulations (PLMFTR) – SL 373.01; • the Consumer Affairs Act – Chapter 378 of the Laws of Malta; • the Electronic Communications (Regulation) Act – Chapter 399 of the Laws of Malta; • the Data Protection Act – Chapter 586 of the Laws of Malta; • the Prevention of Corruption in Sport Act – Chapter 593 of the Laws of Malta; • the Requirements as to Advertisements, Methods of Advertising and Directions applicable to Gam- bling Advertisements – SL 350.25; • the Social Causes Fund Regulations – SL 583.11; and • the Retention of Data (MGA) Regulations – SL 583.12. 3.2 Definition of Gambling The term “gambling” is not specifically defined in the Gaming Act. However, the activity of gambling falls within the operative term “gaming”, which is used in Maltese legislation. “Gaming” is defined as “an activity consisting in participating in a game, offering a gam- ing service, or making a gaming supply”. A “game” is defined as “a game of chance or a game of skill”. In light of this, a “game of chance” means “an activity the outcome of which is determined by chance alone or predominantly by chance and includes but is not limited to activities the outcome of which is determined depending on the occurrence or outcome of one or more future events”. On the other hand, a “game of skill” means “an activity the out- come of which is determined by the use of skill alone or predominantly by the use of skill, but excludes a sport event, unless otherwise established by or under this Act”.
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